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Land Use

Fighting the Lure of the Infinite: Lease Conservation Easements at the Urban Fringe

Editors' Summary

Today, local, state, and federal governments provide incentives intended to conserve agricultural uses. One of those incentives, the conservation easement, is flourishing in both quantity and acres conserved....

Planning and Law: Shaping the Legal Environment of Land Development and Preservation

Editors' Summary

It has been more than a century since the City Beautiful movement captured the imagination and attention of public officials throughout America. Today, many states and localities continue to wrestle with the need...

Drawing the Line: Striking a Principled Balance Between Regulating and Paying to Protect the Land

Editors' Summary

Effective conservation is at times frustrated by a lack of balance between regulation and payment, the two tools most often used for land protection. Efforts to determine which protection tool to use should...

The New Public Lands: Competing Models for Protecting Public Conservation Values on Privately Owned Lands

Editors' Summary

The emergence of new hybrid categories of public interest lands represents an opportunity to advance the public interest. In recent decades, the U.S. government has acquired partial property interests over large...

Disaster Mitigation Through Land Use Strategies

Editors' Summary: The devastation wrought by Hurricane Katrina brought to public attention the role of land use planning in mitigating natural disasters and which level or levels of government should decide whether and how to undertake...

The Machine, the Garden, and the City: Toward an Access-Efficient Transportation Planning System

Editor's Summary: The recent reauthorization of the Safe, Accountable, Flexible, Efficient Transportation Equity Act, the nation's primary transportation and funding planning statute, has caused some to question whether the Act fosters...

Opportunities for Regulation of Land Use and Development as a Legal Tool to Protect Biodiversity

Editors' Summary: Development and urban sprawl threaten biodiversity by displacing and fragmenting habitat with roads, commercial structures, and private homes. In this Article, authors Robert B. McKinstry Jr., James McElfish, Michael...

Coordination and Planning Tools That Can Be Applied to Biodiversity Conservation

Editors' Summary: An institutionalized planning process for biodiversity conservation can help fill in gaps left by legal tools that are inadequately designed or rarely implemented. In this Article, authors Robert McKinstry Jr., James...

The Golden Hour: The Role of Historic Preservation Law in the Immediate Aftermath of Disaster

Editor's Summary: Hurricane Hugo damaged approximately 80% of the 3, historic buildings located in Charleston, South Carolina. The terrorist attacks of September 11, 2001, caused considerable damage to landmark property in New York City...

Justified Trespass: How and Why Recreationists May Sometimes Enjoy America's Private Lands

Editors' Summary: All Americans should have the opportunity to enjoy the beauty and wonder that our nation's lands have to offer. Yet while the number of public lands remains somewhat constant, the number of visitors to these places is...